California 2025-2026 Regular Session

California Senate Bill SB356 Latest Draft

Bill / Amended Version Filed 04/09/2025

                            Amended IN  Senate  April 09, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 356Introduced by Senator JonesFebruary 12, 2025An act to amend Section 3046 of the Penal Code, relating to parole. LEGISLATIVE COUNSEL'S DIGESTSB 356, as amended, Jones. Parole hearings: use of photographs.Existing law punishes specified crimes, including, among others, some forms of murder and rape, with imprisonment in the state prison for life with the possibility of parole. Existing law states that an inmate imprisoned under a life sentence shall not be paroled until they have served the greater of either 7 years or the minimum term set in their sentence. Existing law requires the Board of Parole Hearings to, in considering a parole for an inmate, consider all statements and recommendations which may have been submitted by the judge, district attorney, and sheriff, as specified, and recommendations of other persons interested in the granting or denying of parole.This bill would require the board to consider in a parole suitability hearing for an inmate imprisoned under a life sentence specified written statements, documents, online materials, and photographs that are relevant to determining parole suitability. photographs.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3046 of the Penal Code is amended to read:3046. (a) An inmate imprisoned under a life sentence shall not be paroled until they have served the greater of the following:(1) A term of at least seven calendar years.(2) A term as established pursuant to any other law that establishes a minimum term or minimum period of confinement under a life sentence before eligibility for parole.(b) If two or more life sentences are ordered to run consecutively to each other pursuant to Section 669, an inmate so imprisoned shall not be paroled until they have served the term specified in subdivision (a) on each of the life sentences that are ordered to run consecutively.(c) Notwithstanding subdivisions (a) and (b), an inmate found suitable for parole pursuant to a youth offender parole hearing as described in Section 3051 or an elderly parole hearing as described in Section 3055 shall be paroled regardless of the manner in which the board set release dates pursuant to subdivision (a) of Section 3041, subject to subdivision (b) of Section 3041 and Sections 3041.1 and 3041.2, as applicable.(d) The Board of Parole Hearings shall, in considering a parole for an inmate, consider all statements and recommendations which may have been submitted by the judge, district attorney, and sheriff, pursuant to Section 1203.01, or in response to notices given under Section 3042, and recommendations of other persons interested in the granting or denying of parole. The submitted statements and recommendations that shall be considered in a parole hearing include, but are not limited to, written statements, photographs, crime scene photographs, autopsy photographs, and photographs of weapons used in the crime, photographs of the inmate, photographs of the victim, police reports, investigative reports, autopsy reports, victim and witness statements, court transcripts, court documents, printed media articles, social media postings, online petitions, business records, and any other documents or photographs relevant to determining parole suitability. crime. The board shall enter on its order granting or denying parole to these inmates, the fact that the statements and recommendations have been considered by it.

 Amended IN  Senate  April 09, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 356Introduced by Senator JonesFebruary 12, 2025An act to amend Section 3046 of the Penal Code, relating to parole. LEGISLATIVE COUNSEL'S DIGESTSB 356, as amended, Jones. Parole hearings: use of photographs.Existing law punishes specified crimes, including, among others, some forms of murder and rape, with imprisonment in the state prison for life with the possibility of parole. Existing law states that an inmate imprisoned under a life sentence shall not be paroled until they have served the greater of either 7 years or the minimum term set in their sentence. Existing law requires the Board of Parole Hearings to, in considering a parole for an inmate, consider all statements and recommendations which may have been submitted by the judge, district attorney, and sheriff, as specified, and recommendations of other persons interested in the granting or denying of parole.This bill would require the board to consider in a parole suitability hearing for an inmate imprisoned under a life sentence specified written statements, documents, online materials, and photographs that are relevant to determining parole suitability. photographs.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Senate  April 09, 2025

Amended IN  Senate  April 09, 2025

 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION

 Senate Bill 

No. 356

Introduced by Senator JonesFebruary 12, 2025

Introduced by Senator Jones
February 12, 2025

An act to amend Section 3046 of the Penal Code, relating to parole. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 356, as amended, Jones. Parole hearings: use of photographs.

Existing law punishes specified crimes, including, among others, some forms of murder and rape, with imprisonment in the state prison for life with the possibility of parole. Existing law states that an inmate imprisoned under a life sentence shall not be paroled until they have served the greater of either 7 years or the minimum term set in their sentence. Existing law requires the Board of Parole Hearings to, in considering a parole for an inmate, consider all statements and recommendations which may have been submitted by the judge, district attorney, and sheriff, as specified, and recommendations of other persons interested in the granting or denying of parole.This bill would require the board to consider in a parole suitability hearing for an inmate imprisoned under a life sentence specified written statements, documents, online materials, and photographs that are relevant to determining parole suitability. photographs.

Existing law punishes specified crimes, including, among others, some forms of murder and rape, with imprisonment in the state prison for life with the possibility of parole. Existing law states that an inmate imprisoned under a life sentence shall not be paroled until they have served the greater of either 7 years or the minimum term set in their sentence. Existing law requires the Board of Parole Hearings to, in considering a parole for an inmate, consider all statements and recommendations which may have been submitted by the judge, district attorney, and sheriff, as specified, and recommendations of other persons interested in the granting or denying of parole.

This bill would require the board to consider in a parole suitability hearing for an inmate imprisoned under a life sentence specified written statements, documents, online materials, and photographs that are relevant to determining parole suitability. photographs.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 3046 of the Penal Code is amended to read:3046. (a) An inmate imprisoned under a life sentence shall not be paroled until they have served the greater of the following:(1) A term of at least seven calendar years.(2) A term as established pursuant to any other law that establishes a minimum term or minimum period of confinement under a life sentence before eligibility for parole.(b) If two or more life sentences are ordered to run consecutively to each other pursuant to Section 669, an inmate so imprisoned shall not be paroled until they have served the term specified in subdivision (a) on each of the life sentences that are ordered to run consecutively.(c) Notwithstanding subdivisions (a) and (b), an inmate found suitable for parole pursuant to a youth offender parole hearing as described in Section 3051 or an elderly parole hearing as described in Section 3055 shall be paroled regardless of the manner in which the board set release dates pursuant to subdivision (a) of Section 3041, subject to subdivision (b) of Section 3041 and Sections 3041.1 and 3041.2, as applicable.(d) The Board of Parole Hearings shall, in considering a parole for an inmate, consider all statements and recommendations which may have been submitted by the judge, district attorney, and sheriff, pursuant to Section 1203.01, or in response to notices given under Section 3042, and recommendations of other persons interested in the granting or denying of parole. The submitted statements and recommendations that shall be considered in a parole hearing include, but are not limited to, written statements, photographs, crime scene photographs, autopsy photographs, and photographs of weapons used in the crime, photographs of the inmate, photographs of the victim, police reports, investigative reports, autopsy reports, victim and witness statements, court transcripts, court documents, printed media articles, social media postings, online petitions, business records, and any other documents or photographs relevant to determining parole suitability. crime. The board shall enter on its order granting or denying parole to these inmates, the fact that the statements and recommendations have been considered by it.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 3046 of the Penal Code is amended to read:3046. (a) An inmate imprisoned under a life sentence shall not be paroled until they have served the greater of the following:(1) A term of at least seven calendar years.(2) A term as established pursuant to any other law that establishes a minimum term or minimum period of confinement under a life sentence before eligibility for parole.(b) If two or more life sentences are ordered to run consecutively to each other pursuant to Section 669, an inmate so imprisoned shall not be paroled until they have served the term specified in subdivision (a) on each of the life sentences that are ordered to run consecutively.(c) Notwithstanding subdivisions (a) and (b), an inmate found suitable for parole pursuant to a youth offender parole hearing as described in Section 3051 or an elderly parole hearing as described in Section 3055 shall be paroled regardless of the manner in which the board set release dates pursuant to subdivision (a) of Section 3041, subject to subdivision (b) of Section 3041 and Sections 3041.1 and 3041.2, as applicable.(d) The Board of Parole Hearings shall, in considering a parole for an inmate, consider all statements and recommendations which may have been submitted by the judge, district attorney, and sheriff, pursuant to Section 1203.01, or in response to notices given under Section 3042, and recommendations of other persons interested in the granting or denying of parole. The submitted statements and recommendations that shall be considered in a parole hearing include, but are not limited to, written statements, photographs, crime scene photographs, autopsy photographs, and photographs of weapons used in the crime, photographs of the inmate, photographs of the victim, police reports, investigative reports, autopsy reports, victim and witness statements, court transcripts, court documents, printed media articles, social media postings, online petitions, business records, and any other documents or photographs relevant to determining parole suitability. crime. The board shall enter on its order granting or denying parole to these inmates, the fact that the statements and recommendations have been considered by it.

SECTION 1. Section 3046 of the Penal Code is amended to read:

### SECTION 1.

3046. (a) An inmate imprisoned under a life sentence shall not be paroled until they have served the greater of the following:(1) A term of at least seven calendar years.(2) A term as established pursuant to any other law that establishes a minimum term or minimum period of confinement under a life sentence before eligibility for parole.(b) If two or more life sentences are ordered to run consecutively to each other pursuant to Section 669, an inmate so imprisoned shall not be paroled until they have served the term specified in subdivision (a) on each of the life sentences that are ordered to run consecutively.(c) Notwithstanding subdivisions (a) and (b), an inmate found suitable for parole pursuant to a youth offender parole hearing as described in Section 3051 or an elderly parole hearing as described in Section 3055 shall be paroled regardless of the manner in which the board set release dates pursuant to subdivision (a) of Section 3041, subject to subdivision (b) of Section 3041 and Sections 3041.1 and 3041.2, as applicable.(d) The Board of Parole Hearings shall, in considering a parole for an inmate, consider all statements and recommendations which may have been submitted by the judge, district attorney, and sheriff, pursuant to Section 1203.01, or in response to notices given under Section 3042, and recommendations of other persons interested in the granting or denying of parole. The submitted statements and recommendations that shall be considered in a parole hearing include, but are not limited to, written statements, photographs, crime scene photographs, autopsy photographs, and photographs of weapons used in the crime, photographs of the inmate, photographs of the victim, police reports, investigative reports, autopsy reports, victim and witness statements, court transcripts, court documents, printed media articles, social media postings, online petitions, business records, and any other documents or photographs relevant to determining parole suitability. crime. The board shall enter on its order granting or denying parole to these inmates, the fact that the statements and recommendations have been considered by it.

3046. (a) An inmate imprisoned under a life sentence shall not be paroled until they have served the greater of the following:(1) A term of at least seven calendar years.(2) A term as established pursuant to any other law that establishes a minimum term or minimum period of confinement under a life sentence before eligibility for parole.(b) If two or more life sentences are ordered to run consecutively to each other pursuant to Section 669, an inmate so imprisoned shall not be paroled until they have served the term specified in subdivision (a) on each of the life sentences that are ordered to run consecutively.(c) Notwithstanding subdivisions (a) and (b), an inmate found suitable for parole pursuant to a youth offender parole hearing as described in Section 3051 or an elderly parole hearing as described in Section 3055 shall be paroled regardless of the manner in which the board set release dates pursuant to subdivision (a) of Section 3041, subject to subdivision (b) of Section 3041 and Sections 3041.1 and 3041.2, as applicable.(d) The Board of Parole Hearings shall, in considering a parole for an inmate, consider all statements and recommendations which may have been submitted by the judge, district attorney, and sheriff, pursuant to Section 1203.01, or in response to notices given under Section 3042, and recommendations of other persons interested in the granting or denying of parole. The submitted statements and recommendations that shall be considered in a parole hearing include, but are not limited to, written statements, photographs, crime scene photographs, autopsy photographs, and photographs of weapons used in the crime, photographs of the inmate, photographs of the victim, police reports, investigative reports, autopsy reports, victim and witness statements, court transcripts, court documents, printed media articles, social media postings, online petitions, business records, and any other documents or photographs relevant to determining parole suitability. crime. The board shall enter on its order granting or denying parole to these inmates, the fact that the statements and recommendations have been considered by it.

3046. (a) An inmate imprisoned under a life sentence shall not be paroled until they have served the greater of the following:(1) A term of at least seven calendar years.(2) A term as established pursuant to any other law that establishes a minimum term or minimum period of confinement under a life sentence before eligibility for parole.(b) If two or more life sentences are ordered to run consecutively to each other pursuant to Section 669, an inmate so imprisoned shall not be paroled until they have served the term specified in subdivision (a) on each of the life sentences that are ordered to run consecutively.(c) Notwithstanding subdivisions (a) and (b), an inmate found suitable for parole pursuant to a youth offender parole hearing as described in Section 3051 or an elderly parole hearing as described in Section 3055 shall be paroled regardless of the manner in which the board set release dates pursuant to subdivision (a) of Section 3041, subject to subdivision (b) of Section 3041 and Sections 3041.1 and 3041.2, as applicable.(d) The Board of Parole Hearings shall, in considering a parole for an inmate, consider all statements and recommendations which may have been submitted by the judge, district attorney, and sheriff, pursuant to Section 1203.01, or in response to notices given under Section 3042, and recommendations of other persons interested in the granting or denying of parole. The submitted statements and recommendations that shall be considered in a parole hearing include, but are not limited to, written statements, photographs, crime scene photographs, autopsy photographs, and photographs of weapons used in the crime, photographs of the inmate, photographs of the victim, police reports, investigative reports, autopsy reports, victim and witness statements, court transcripts, court documents, printed media articles, social media postings, online petitions, business records, and any other documents or photographs relevant to determining parole suitability. crime. The board shall enter on its order granting or denying parole to these inmates, the fact that the statements and recommendations have been considered by it.



3046. (a) An inmate imprisoned under a life sentence shall not be paroled until they have served the greater of the following:

(1) A term of at least seven calendar years.

(2) A term as established pursuant to any other law that establishes a minimum term or minimum period of confinement under a life sentence before eligibility for parole.

(b) If two or more life sentences are ordered to run consecutively to each other pursuant to Section 669, an inmate so imprisoned shall not be paroled until they have served the term specified in subdivision (a) on each of the life sentences that are ordered to run consecutively.

(c) Notwithstanding subdivisions (a) and (b), an inmate found suitable for parole pursuant to a youth offender parole hearing as described in Section 3051 or an elderly parole hearing as described in Section 3055 shall be paroled regardless of the manner in which the board set release dates pursuant to subdivision (a) of Section 3041, subject to subdivision (b) of Section 3041 and Sections 3041.1 and 3041.2, as applicable.

(d) The Board of Parole Hearings shall, in considering a parole for an inmate, consider all statements and recommendations which may have been submitted by the judge, district attorney, and sheriff, pursuant to Section 1203.01, or in response to notices given under Section 3042, and recommendations of other persons interested in the granting or denying of parole. The submitted statements and recommendations that shall be considered in a parole hearing include, but are not limited to, written statements, photographs, crime scene photographs, autopsy photographs, and photographs of weapons used in the crime, photographs of the inmate, photographs of the victim, police reports, investigative reports, autopsy reports, victim and witness statements, court transcripts, court documents, printed media articles, social media postings, online petitions, business records, and any other documents or photographs relevant to determining parole suitability. crime. The board shall enter on its order granting or denying parole to these inmates, the fact that the statements and recommendations have been considered by it.